§ 11-3-1. Fugitive Dust.

(a)

The following is deemed and declared to be a public nuisance and is not allowed:

(1)

Any airborne particulate matter generated from a construction site or by a construction activity that is visibly passing outside of the property lines where the source activity is occurring, or adversely affects any person, their property, or their reasonable enjoyment of their property. Any person responsible for any of the following activities shall take all reasonable actions to prevent particulate matter from becoming airborne:

a.

Clearing of land;

b.

Preparatory site work;

c.

Earth materials removal;

d.

Stockpiling of earth or construction materials;

e.

Construction or demolition of buildings or structures;

f.

Construction, grading, paving, and maintenance of, or within, roads, and streets.

(2)

Depositing or dropping of particulate matter, dirt, or other material, that could become airborne, on any publicly owned street or right-of-way by vehicles leaving the source activity site.

(b)

Appropriate materials including, but not limited to, water, City of Concord approved dust palliatives, asphalt, seed, or physical covers shall be used to prevent particulate matter from becoming airborne. Oil may not be used as a dust palliative.

(c)

The requirements of this article do not apply to fugitive particulate matter emissions arising from the production of agricultural commodities in their unmanufactured state on the premises of the farm operation or emergency work as defined in Article 13-6-2.

(d)

An enforcement officer may order the immediate cessation of such operations or activities deemed and declared a public nuisance. If any person shall fail to immediately comply with the order, the enforcing officer shall as soon as practicable file a complaint with a court of competent jurisdiction charging said person with violation of this ordinance.

(Ord. No. 2569, § I, 7-12-04)